CGS v Children’s Guardian [2024] NSWCATAD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGS v Children's Guardian [2024] NSWCATAD 10 Hearing dates: 23 October 2023 and 18 December 2023 Date of orders: 10 January 2024 Decision date: 10 January 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member S Davison, General Member Decision: 1. The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the following offences: (a) Indecent assault, of which the applicant was convicted on 21 November 1977; (b) Indecent assault, of which the applicant was convicted on 25 March 1994; (c) Indecent assault, of which the applicant was convicted on 25 May 1995. 2. Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the applicant a working with children clearance. Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-assessment of risk-indecent exposure and indecent assault convictions. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Crimes Act 1990 (NSW) Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA at 111 Commission for Children and Young People v V [2002] NSWSC at 949 CGS v Children's Guardian [2016] NSWCATAD 228 Category: Principal judgment Parties: CGS (Applicant) Children's Guardian (Respondent) Representation: Counsel: Hooper, K (applicant)